Selvam S/O Govindan v. Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2015
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN C.M.A. No. 1050 of 2015 Selvam ..Appellant/Petitioner Vs.
Managing Director, Tamil Nadu State Transport Corporation Limited, Dharmapuri.
..Respondent/Respondent Prayer:
Civil Miscellaneous Appeal as against the judgment and decree dated 19.12.2012 passed in MACT O.P. No. 5/2011 by the learned Additional Subordinate Judge, Thiruvannamalai. For Appellant ::
Mr.F. Terry Chellaraja for M/s.M. Malar For Respondent ::
Mr.D. Venkatachalam
J U D G M E N T
This Civil Miscellaneous Appeal has been preferred by the claimant aggrieved over the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Additional Subordinate Judge) Thiruvannamalai, to the tune of Rs. 3,05,200/-, for the injuries sustained by him in the accident, which occurred on 15.11.2010. 2.
Heard Mr.F. Terry Chellaraja, learned counsel for the appellant and Mr.D. Venkatachalam, learned counsel for the respondent. 3.
From a perusal of Exs-P3, P4, P5 and P9, it is evident that the claimant sustained fracture of patella and communited fracture on his right leg and based on P.W.2, Doctor's evidence, the Tribunal rightly assessed the disability at 45%. 4.
The claimant is said to be a Mason, aged about 23 years and earning a sum of Rs.10,000/- per month. The Tribunal, in the absence of any supportive evidence, determined the monthly income at Rs.3000/-. However, considering the fact that the accident occurred on 15.11.2010 and in the light of the judgment of the Honourable Apex Court rendered in Syed Sadiq and others V. Divisional Manager, United India Insurance Company Limited reported in 2014 ACJ 627, wherein for a vegetable vendor, a sum of Rs.6500/- was fixed as monthly income,
this Court re-determines the monthly income of the claimant at Rs.6000/-. Though the age of the claimant was claimed to be 23 years, the Tribunal, based on Exs-P3 and P9, determined the age of the claimant as 27 years and the appropriate multiplier, as per the II Schedule to the Motor Vehicles Act,1988, in respect of the said age, has to be adopted. Therefore, multiplier 17 adopted by the Tribunal is altered as 18 and applying the said multiplier, "Loss of Income due to disability" is calculated as follows:
Loss of Income due to disability ::
Rs.6000 x 12 x 18 x 45/100 ::
Rs.5,83,200/-.
The other amounts, namely, a sum of Rs.20,000/- towards "Pain and Suffering"; Rs.3000/- each awarded towards "Transportation Charges", "Extra Nourishment" and "Attendant Charges" and a sum of Rs.784.30p awarded towards "Medical Expenses" are all reasonable and they are confirmed. In all, the compensation payable to the claimant comes to Rs.6,12,984/- rounded off to Rs.6,00,000/-. The rate of interest awarded by the Tribunal @ 7.5% per annum stands confirmed. 5.
The respondent Transport Corporation is directed to deposit the entire amount, as per the modified award passed by this Court, with interest and costs, after deducting the amount already deposited, if any, before the Tribunal, within a period of four weeks from the date of receipt of a copy of this order, failing which the Chairman cum Managing Director and Financial Advisor cum Chief Accounts Officer of the respondent Transport Corporation shall appear before this Court on 16th July 2015. On such deposit being made, the appellant/claimant is permitted to withdraw the entire amount. The appellant shall also pay additional court-fee for the enhanced amount.
6.
In the result, the Civil Miscellaneous Appeal is allowed and the award passed by the Tribunal, to the tune of Rs.3,05,200/- is enhanced to Rs.6,00,000/- with interest @ 7.5% per annum. No costs.
7.
For reporting compliance, call on 16.07.2015. Sd/- Assistant Registrar True Copy Sub Assistant Registrar nv
To 1.The Addl. Suboridnate Judge (MACT), Thiruvannamalai.
2.The Managing Director, T.N.State Transport, Corpn.Ltd, Dharmapuri Copy to:
The Sub Assistant Registrar, Judicial Section, High Court, Madras.
1 cc to Ms.M.Malar, Advocate Sr.26361 1 cc to Mr..D. Venkatachalam , Advocate Sr.No.26344 C.M.A. No. 1050 of 2015 ku(co) pmk.17.6.2015